Is an oath concerning items dedicated for the exclusive use of a slave binding regarding property designated for his service?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a person swears not to enter a house designated for a slave, ride his mount, or wear his clothing, and then enters the house designated for him, rides the designated mount, or wears the designated clothing, the oath is broken (Hanth). This interpretation holds because the reference in the oath is construed as designation (ikhtisas) rather than ownership (milkiyyah), as ownership is not applicable here. The designation implies what is under the slave's control or service.

Supporting text

Al-Shafi'i holds that the oath is not broken because the slave does not own the property; the reference implies ownership, which does not exist.